Bill Summary

The Criminal Procedure (Identification) Bill, 2022

▪ The Criminal Procedure (Identification) Bill, 2022 was an offence under the Indian Penal Code, 1860. In case
introduced in Lok Sabha on March 28, 2022. The Bill of such resistance or refusal, police officers or prison
replaces the Identification of Prisoners Act, 1920. The officers may collect details in the manner prescribed
Act authorises the collection of certain identifiable under Rules made by the state government or the
information about specified persons such as convicts central government.
for investigation of crime. The Bill expands the ambit
▪ Persons authorised to collect details: Under the Act,
of such details, and persons whose details can be taken.
details may be collected by police officers who: (i) are
It authorises the National Crime Records Bureau to
in charge of a police station, (ii) conduct investigation
collect, store, and preserve these details.
under the CrPC, or (iii) are at least at the rank of a Sub-
▪ Details about convicts and other persons: The Act Inspector. The Bill permits the collection of details
permits the collection of photographs and specified about specified persons by either a prison officer (not
details about convicts and other persons including below the rank of Head Warder), or a police officer (in
finger impressions and footprint impressions. The Bill charge of a police station, or at least at the rank of a
expands the list of details that can be collected. It will Head Constable). Note that a Head Constable is
now include: (i) palm-print impressions, (ii) iris and generally two ranks below a Sub-Inspector.
retina scans, (iii) behavioural attributes such as
▪ Powers of Magistrate: Under the Bill, a Magistrate
signature and handwriting, and (iv) other physical and
may direct a person to give details for the purpose of an
biological samples such as blood, semen, hair samples,
investigation or proceeding under the CrPC.
and swabs, and their analysis.
Depending on certain factors (such as the area
▪ Persons whose details may be taken: As per the Act, concerned), the Magistrate may be a Metropolitan
the following persons may be required to give Magistrate, a Judicial Magistrate of the first class, or an
photographs and specified details: (i) persons convicted Executive Magistrate.
of certain offences (such as offences punishable with a
▪ Role of the National Crime Records Bureau
minimum of one year of rigorous imprisonment), (ii)
(NCRB): The Bill empowers NCRB to collect the
persons ordered to give security for good behaviour or
details about the persons covered under the Bill from
maintaining peace under the Code of Criminal
state governments, union territory (UT)
Procedure, 1973 (CrPC), and (iii) persons arrested in
administrations, or other law enforcement agencies.
connection with an offence punishable with at least one
Other functions of NCRB under the Bill include: (i)
year of rigorous imprisonment. The Bill widens the
storing and destroying the details about specified
ambit of such persons to include all convicts, arrested
persons at the national level, (ii) processing the details
persons, as well as persons detained under any
with relevant criminal records, and (iii) disseminating
preventive detention law. Arrested persons will not be
the details to law enforcement agencies. Further, state
obliged to give their biological samples unless they
governments and UT administrations may notify
have committed an offence against a woman or a child,
agencies to collect, preserve and share details about
or an offence punishable with a minimum of seven
specified persons in their respective jurisdictions.
years of imprisonment.
▪ Rule-making power extended to the central
▪ Retention of details: The Bill requires the details
government: The Act vested rule-making power
collected to be retained in digital or electronic form for
only in the state government. The Bill extends this
75 years from the date of collection. The record may
power to the central government as well. The
be destroyed in case of persons who: (i) have not been
central or state government may make rules on
previously convicted, and (ii) are released without trial,
various matters, including: (i) the manner of
discharged, or acquitted by the court, after exhausting
collecting details, and (ii) the manner of collection,
all legal remedies. A Court or a Magistrate may direct
storage, preservation, destruction, dissemination,
the retention of details in case of such persons after
and disposal of details by NCRB.
recording reasons in writing.
▪ Resistance to giving details: As per the Bill,
resistance or refusal to give details will be considered
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Tanvi Vipra
March 29, 2022
tanvi@prsindia.org
PRS Legislative Research ◼ Institute for Policy Research Studies
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